Sanjay Changdeo Lahare And Others v. The New India Assurance Company Limited And Another

CA 1876/13 in FA 1065/12 - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.1876/2013 IN FIRST APPEAL NO.1065/2012 Sanjay Changdeo Lahare & others.

...Applicants..

Versus

The New India Assurance Co.Ltd.

...Respondent...

Shri Amol S. Gandhi, Advocate for applicants. Shri B.R. Surwase, Advocate h/f Shri D.P.Deshpande, Advocate for respondent.

CORAM: M.S. SONAK, J.

DATE: 16.02.2018 ORDER :

1] Heard learned counsel appearing for the parties. 2] Since it is represented that the applicant no.2 - Archna has attained majority, she is permitted to withdraw an amount of Rs.1,50,000/- from out of the amount deposited by the respondent - insurance company. Such withdrawal shall be upon her filing an undertaking to the effect that the same shall abide by the final orders in this appeal.

3] As regards applicant no.3 - Suvarna, as and when she attains majority, liberty to apply for withdrawal of a sum of Rs.1,50,000/- for her.

4] The applicant no.1 - Sanjay Changdeo Lahare is permitted to withdraw an amount of Rs.1,00,000/- by filing a similar undertaking as aforesaid.

CA 1876/13 in FA 1065/12 - 2 - 5] As regards applicant nos.4 and 5 - Jalindar and Gorakh, who are also stated to have attained majority by now, are permitted to withdraw a sum of Rs.50,000/- each by filing similar undertakings as aforesaid.

6] The balance amount of compensation be invested in any Nationalized bank in a fixed deposit until further orders in the appeal.

7] The civil application is disposed of in the aforesaid terms.

(M.S. SONAK, J.) ndk/c1621812.doc